At last—only two days after the prohibitions under the AI Act came into force—the European Commission has published and approved its much-anticipated first guidance. While the document still awaits formal adoption, we do not foresee any obstacles and will keep you informed if the situation changes.
The guidance spans 140 pages, and you can find a copy, along with additional information, on the Commission’s website here.
Under Article 5 of the AI Act, prohibitions apply as of 2 February 2025. However, the chapters on governance, enforcement, and penalties will only become applicable on 2 August 2025. Consequently, the provisions on penalties for non-compliance with Article 5 will not take effect until 2 August. It is also worth noting that no market surveillance authorities have yet been formally established.
Despite this interim period, the Commission emphasizes in its guidance that the prohibitions themselves are fully applicable and legally binding for providers and deployers of AI systems. Operators must therefore take all necessary measures to avoid placing on the market, putting into service, or using AI systems that could constitute prohibited practices under Article 5. The guidance further clarifies that even though monitoring and fines will only apply at a later date, the prohibitions have direct effect. This direct effect allows affected parties to enforce the rules before national courts and seek interim injunctions against any prohibited practices.
